PRINCIPAL KHYBER INSTITUTE OF EDUCATION vs UNIVERSITY OF PESHAWAR Khyber Institute of Education

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PRINCIPAL KHYBER INSTITUTE OF EDUCATION VS UNIVERSITY OF PESHAWAR Khyber Institute of Education---Annual examination---Submission of thesis/report, delay in---Imposition of fine upon candidate---Shifting of fine upon the Educational Institution---Candidates/students earlier filed constitutional petition against imposition of fine against them for late submission of thesis and the same was disposed of referring the matter to the Examination Discipline Committee ('the Committee')---Committee, after deliberations, waived off the fine of the candidates/students, but recommended imposition of the same on the Khyber Institute of Education (Educational Institution) concluding that the delay had occurred on the part of the Director of the Educational Institution---Petitioner (Principal Educational Institution) invoked constitutional jurisdiction of the High Court against the imposition of said fine---Contention of the respondents(University Authorities) was that the said recommendation was made in view of the Notification No. 234/Acad-II dated 08-12-2015 vide which amendment was made in the Rule 22 ('Rule 22')relating to Annual Examination of the University of Peshawar---Validity---Rule 22 stipulated that thesis/report and award list had to be submitted to the Controller of Examination within six months from the last day of theory examination with fee, failing which the candidate would not be considered for merit positions---Minutes of the Committee revealed that award list was submitted to the Dealing Assistant of the Examination Centre, however, he failed to provide acknowledgement receipts to the Committee despite its repeated requests, which meant that the Committee was not provided any proof that the award list was submitted by the stipulated time to the Controller of Examination---While shifting the fine, neither any rule/regulation was referred/cited by the Committee, nor any other convincing reason was given in arriving at said recommendation---Rule 22 prescribed imposition of fine/penalty only upon the candidate(s) on late submission of thesis/report along with award list to the Controller of the Examination, whereas said rule did not provide imposition/shifting of such fine to the petitioner, being Educational Institution, especially when there was no acknowledgment receipt from the examiners to said effect---High Court struck down the impugned letters/notices, imposing fine upon the petitioner---Constitutional petition was allowed, in circumstances.

PRINCIPAL KHYBER INSTITUTE OF EDUCATION vs UNIVERSITY OF PESHAWAR Khyber Institute of Education — 2024 MLD 305 PESHAWAR-HIGH-COURT

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